Form 1 — Infringement notice relating to offence under the Education and Care Services National Law (Western Australia)
*Education and Care Services National Law (Western Australia)*INFRINGEMENT NOTICE Infringement
notice no.
Alleged offender Name
Address
Details of alleged offence Date or period
Place
Written law contravened Section of the *Education and Care Services National Law (Western Australia)*orRegulation of the Education and Care Services National Regulations 2012
Details of offence
Date Date of notice
Issuing officer Name
Office
Signature
Modified penalty $_____
Penalty Individual $_____ You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence.
Body corporate $_____
TAKE NOTICE It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Approved Officer within 28 days after the date of this notice.If you do not pay the modified penalty within 28 days, you may be prosecuted.If you need more time to pay the modified penalty, you should contact the Approved Officer at the address below.Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.If you want this matter to be dealt with by prosecution in court, sign and date here:
__________________________________ / /20
and post this notice to the Approved Officer at the address below within 28 days after the date of this notice.If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice.
How to pay By post Tick the relevant box below and post this notice to:Approved Officer —
Education and Care Services National Law (Western Australia)Department for Communities[Address]
I want to pay the modified penalty by cheque or money order. A cheque or money order (payable to Approved Officer — Education and Care Services National Law (Western Australia)) for the modified penalty is enclosed. I want to pay the modified penalty by credit card. Please debit my credit card account.
Card type _____________________________Cardholder name _______________________Card number[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]Expiry date of card _____/_____Amount $__________Signature ____________________Complete all details
Method of serviceDate of service
Form 2 — Withdrawal of infringement notice relating to offence under the Education and Care Services National Law (Western Australia)
*Education and Care Services National Law (Western Australia)*WITHDRAWAL OF INFRINGEMENT NOTICE Withdrawal no.
Alleged offender Name
Address
Details of infringement notice Infringement notice no.
Date of issue
Details of alleged offence Date or period
Place
Written law contravened Section of the *Education and Care Services National Law (Western Australia)*orRegulation of the Education and Care Services National Regulations 2012
Details of offence
Approved Officer withdrawing notice Name
Office
Signature
Date Date of withdrawal
Withdrawal of infringement notice*[Delete whichever is not applicable] The above infringement notice issued against you for the above alleged offence has been withdrawn.If you have already paid the modified penalty for the alleged offence, you are entitled to a refund.
Your refund is enclosed.
or
If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to:
Approved Officer — Education and Care Services National Law (Western Australia)
Department for Communities*[Address]*
Your signatureDate
dline
Notes
This is a compilation of the Education and Care Services National Regulations 2012 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Citation
Published
Commencement
Education and Care Services National Regulations 2012
25 Jul 2012 p. 3417-660
r. 1 and 3: 25 Jul 2012 (see r. 3(a)); Regulations other than r. 1 and 3: 1 Aug 2012 (see r. 3(b) and Gazette 25 Jul 2012 p. 3411)
Education and Care Services National Amendment Regulations 2012
5 Mar 2013 p. 1107‑9
r. 1 and 2: 5 Mar 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Mar 2013 (see r. 2(b))
Education and Care Services National Amendment Regulations 2013
13 Dec 2013 p. 6151‑70
r. 1 and 2: 13 Dec 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Dec 2013 (see r. 2(b))
Education and Care Services National Amendment Regulations 2014
6 Jun 2014 p. 1787‑8
r. 1 and 2: 6 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Jun 2014 (see r. 2(b))
Reprint 1: The Education and Care Services National Regulations 2012 as at 19 Sep 2014 (includes amendments listed above)
Education and Care Services National Amendment Regulations (No. 2) 2014
28 Nov 2014 p. 4401‑11
r. 1 and 2: 28 Nov 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2014 (see r. 2(b))
Education and Care Services National Amendment Regulations 2015
26 Jun 2015 p. 2272
r. 1 and 2: 26 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)(ii) and Gazette 26 Jun 2015 p. 2235)
Education and Care Services National Amendment Regulations (No. 2) 2015
3 Jul 2015 p. 2667‑8
r. 1 and 2: 3 Jul 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2015 (see r. 2(b))
Education and Care Services National Amendment Regulations 2017
3 Nov 2017 p. 5481‑5
r. 1 and 2: 3 Nov 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Nov 2017 (see r. 2(b))
Education and Care Services National Amendment Regulations 2018
23 Jan 2018 p. 247‑58
1 Feb 2018 (see r. 2(b)(i))
Education and Care Services National Amendment Regulations (No. 2) 2018
26 Jun 2018 p. 2358‑9
r. 1 and 2: 26 Jun 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2018 (see r. 2(b))
Education and Care Services National Amendment Regulations (No. 3) 2018
28 Sep 2018 p. 3601‑58
r. 1 and 2: 28 Sep 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Oct 2018 (see r. 2(b))
Education and Care Services National Amendment Regulations 2019
24 Dec 2019 p. 4422‑8
r. 1 and 2: 24 Dec 2019 (see r. 2(a)); Regulations other than r. 1 and 2 and 16(2), (3) and (4): 31 Dec 2019 (see r. 2(c)); r. 16(2), (3) and (4): 1 Jul 2020 (see r. 2(b))
Education and Care Services National Amendment Regulations 2020
SL 2020/143 28 Aug 2020
r. 1 and 2: 28 Aug 2020 (see r. 2(a)); r. 3, 5 and 10: 1 Sep 2020 (see r. 2(b)); r. 4, 6-9 and 11: 1 Oct 2020 (see r. 2(c))
Education and Care Services National Amendment Regulations (No. 2) 2021
SL 2021/140 30 Jul 2021
r. 1 and 2: 30 Jul 2021 (see r. 2(a)); r. 3, 8 and 11: 30 Jul 2021 (see r. 2(b)); r. 4‑7: 1 Oct 2021 (see r. 2(c)); r. 9 and 10: 30 Dec 2021 (see r. 2(d))
Education and Care Services National Amendment Regulations (No. 3) 2021
SL 2021/220 24 Dec 2021
r. 1 and 2: 24 Dec 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2022 (see r. 2(b))
Education and Care Services National Amendment Regulations 2022
SL 2022/139 29 Jul 2022
r. 1 and 2: 29 Jul 2022 (see r. 2(a)); r. 3 and 4: 1 Sep 2022 (see r. 2(b)); Regulations other than r. 1‑4: 1 Mar 2023 (see r. 2(c))
Education and Care Services National Amendment Regulations 2023
SL 2023/15 24 Feb 2023
r. 1 and 2: 24 Feb 2023 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Mar 2023 (see r. 2(b))
Education and Care Services National Amendment Regulations (No. 3) 2023
SL 2023/71 16 Jun 2023
Pt. 1: 16 Jun 2023 (see r. 2(a)); Pt. 2: 17 Jun 2023 (see r. 2(b)); Pt. 3: 1 Jul 2023 (see r. 2(c))
Education and Care Services National Amendment Regulations (No. 2) 2023
SL 2023/105 30 Jun 2023
r. 1 and 2: 30 Jun 2023 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2023 (see r. 2(b))
Education and Care Services National Amendment Regulations (No. 4) 2023
SL 2023/186 29 Nov 2023
r. 1 and 2: 29 Nov 2023 (see r. 2(a)); Regulations other than r. 1, 2, 23, 26 and 41: 1 Dec 2023 (see r. 2(d)); r. 41: 2 Feb 2024 (see r. 2(c)); r. 23 and 26: 1 Jun 2024 (see r. 2(b))
Education and Care Services National Amendment Regulations 2024
SL 2024/48 17 Apr 2024
r. 1 and 2: 17 Apr 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Apr 2024 (see r. 2(b))
Education and Care Services National Amendment Regulations (No. 2) 2024
SL 2024/220 30 Oct 2024
r. 1 and 2: 30 Oct 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Oct 2024 (see r. 2(b))
Education and Care Services National Amendment Regulations 2025
SL 2025/150 20 Aug 2025
r. 1 and 2: 20 Aug 2025 (see r. 2(a)); r. 3‑10 and 12: 1 Sep 2025 (see r. 2(b)) Regulations other than r. 1‑10 and 12: 1 Jan 2026 (see r. 2(c))
Education and Care Services National Amendment Regulations 2026
SL 2026/27 18 Mar 2026
r. 1 and 2: 18 Mar 2026 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Mar 2026 (see r. 2(b))
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
| Short title | Number and year | Assent | Commencement |
| Education and Care Services National Law Application Act 2026 s. 76(2) | 2 of 2026 | 31 Mar 2026 | To be proclaimed (see s. 2(1)(d)) |
Other notes
1 The short title of the Administrative Decisions Tribunal Act 1997 was changed to the Administrative Decisions Review Act 1997 by the Civil and Administrative Tribunal Amendment Act 2013 (NSW) Sch. 2.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
actively working towards 4(1), 10, 241(7)
approved anaphylaxis management training 136(5)
approved certificate III level education and care qualification 4(1)
approved diploma level education and care qualification 4(1)
approved early childhood teaching qualification 4(1)
approved education and care qualification 126(1A), 135(1A)
approved educator qualification 369(1)
approved emergency asthma management training 136(5)
approved first aid qualification 136(5)
approved first educator qualification 369(1)
approved number of places 4(1)
approved qualification 368A(1)
ARIA+ score 239A(5)
authorised emergency contact 4(1)
Authorised nominee 160(3)
bankruptcy declaration 4(1)
building law 4(1)
building permit 4(1)
building practitioner 4(1)
centre-based service 4(1)
certificate of final inspection 4(1)
child over preschool age 4(1)
child preschool age or under 4(1)
commencement day 232, 395(1), 415(1)
criminal history record check 4(1)
criminal history statement 4(1)
diagnosed as at risk of anaphylaxis 4(1)
disciplinary proceedings statement 4(1)
early childhood service 162
early childhood teacher 4(1)
educational program 4(1), 73(1)
education or early childhood service 102AA
emergency 4(1), 123(1A)
excursion 4(1)
extra-large service 232
family assistance law 4(1)
family day care educator assistant 4(1)
financial declaration 4(1)
first qualified educator 369(1)
hazardous water feature 373B
in attendance 4(1), 11
indexation factor 232
index number 233(1)
infectious disease 4(1)
initial entity 216
kindergarten programme 368
large service 232
medication 4(1)
medium service 232
monetary order 384(2)
most recent March year 233(1)
multi-storey building 4(1)
occupancy permit 3(1)
optical surveillance device 4(1)
overseas criminal history statement 4(1)
parenting order 160(4)
parenting plan 160(4)
personal information 177(6), 178(8)
person in day-to-day charge 117A
planning and development law 4(1)
planning permit 4(1)
pre-kindergarten programme 368
pre-primary programme 368
preschool 368
preschool program 4(1)
prescribed regulation 256(3), 257(5)
previous March year 233(1)
previous service statement 4(1)
provided by a school 368
public office 214
qualified educator 369(1)
quarter 233(1)
recognised estray provisions 216
registered medical practitioner 4(1)
regular outing 4(1)
regular transportation 4(1)
relevant administrative tribunal 210
relevant day 399(3)
relevant financial year 236C(4), 236D(6), 236E(5), 236F(2), 236G(4), 236H, 236I, 236J, 236K(3), 236L(5), 236M(1) and (2), 236O(4), 236P
relevant regulation 242(3)
remote area 239A(5)
renovate 4(1)
responsible person 4(1)
safety device 373B
scheme commencement day 4(1)
school 368
secondary programme 368
serious incident 4(1), 12
small service 232
soil assessment 3(1)
State collecting institution 216
storey 4(1)
suitably qualified person 4(1)
the Law 4(1)
vaping device 4(1)
vaping substance 4(1)
very remote area 239A(5)
virtual inspection 373E(4)
water hazard safety inspection 373B, 373E(1)
water hazard safety inspection report 373B, 373E(1)
working directly with children 4(1), 13
working with children check number 4(1)
working with vulnerable people check 4(1)
working with vulnerable people registration 4(1)
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.